What is a developer legal pack?
A developer legal pack is the documentation bundle prepared for a new build or development property being sold at auction. It contains all the standard auction legal pack documents — title register, Special Conditions of Sale, searches — plus a set of additional documents that are specific to newly constructed or substantially converted properties.
These extra documents exist because new build properties have a different legal and physical status from established resale properties. A buyer of a new build needs to know not just who owns the property, but whether it was built lawfully, whether it complies with building regulations, and whether structural defects are covered by a warranty. These facts are not in the title register — they are in separate certificates, permissions, and agreements that must form part of the pack.
A new build without planning permission, without building regulations sign-off, or without a structural warranty is practically unmortgageable and may be unlawful. If these documents are absent from the legal pack, the seller's solicitor should provide an explanation — and if no satisfactory explanation is given, treat the lot as unbuyable for mortgage purposes.
Extra documents in a developer legal pack
| Document | What it covers | Status |
|---|---|---|
| Planning Permission | Confirms that the development was authorised by the local planning authority. Must include any conditions attached — and buyers should check whether all conditions have been discharged before occupation. | Essential |
| Discharge of Planning Conditions | Confirmation from the local planning authority that pre-commencement and pre-occupation conditions have been satisfied. Without this, occupation of the property may be in breach of planning. | Essential |
| Building Regulations Completion Certificate | Issued by the local authority building control (LABC) or an approved inspector, confirming the property meets Building Regulations standards. Without this, the build has not been formally signed off. | Essential |
| NHBC Buildmark Warranty | National House Building Council 10-year warranty covering structural defects. Required by most mortgage lenders for new builds. Transferable to subsequent owners within the 10-year period. | Required by most lenders |
| Alternative Structural Warranty | Where NHBC cover is not used: LABC Warranty, Premier Guarantee, Checkmate, ICW, or similar. Must be from an approved provider and meet lender requirements (usually 10 years). | If no NHBC |
| Architect's Certificate | Some lenders accept a professional indemnity-backed architect's certificate in lieu of a structural warranty. Increasingly rare and rejected by an increasing number of high-street lenders. | Sometimes accepted |
| Section 106 Agreement | Planning obligation between the developer and the local authority, often requiring affordable housing contributions, highway works, or community facilities. Can impose ongoing obligations on the property and its owners. | If applicable |
| Community Infrastructure Levy (CIL) | A charge payable to the local authority to fund infrastructure. If CIL applies to the development, the pack should confirm it has been paid or identify any outstanding liability. | If applicable |
| Utility Adoption Agreements | Confirmation that roads, sewers, and other infrastructure serving the development have been or will be adopted by the relevant authority. Without adoption, the buyer inherits maintenance liability. | For estates |
| Long Lease (new build flats) | For new build apartments, the draft lease — including ground rent, service charge structure, management company details, and any build-specific covenants — is critical. | If leasehold |
Planning permissions — what to check
The planning permission should be included in full, including the decision notice and all conditions. Buyers should check:
- Whether the permission has been implemented — planning permissions expire if work does not commence within the specified period (typically 3 years)
- What was actually permitted — the approved plans should match what has been built. Unauthorised deviations can require enforcement action.
- Pre-commencement conditions — conditions that must be approved by the planning authority before building begins. Were they discharged?
- Pre-occupation conditions — conditions that must be approved before the property is occupied. Were they discharged?
- Permitted development rights — have these been removed by the permission? This affects future alterations.
If the pack does not include a copy of the planning permission and evidence of condition discharge, ask the seller's solicitor to provide them. Bidding on a development lot without confirmed planning compliance is high risk.
Building regulations — the sign-off you must have
Building regulations are separate from planning permission and cover the technical standards of construction — structural integrity, fire safety, thermal performance, drainage, and more. A building regulations completion certificate (or equivalent sign-off from an approved inspector) confirms that the building was inspected and found compliant at completion.
Without a completion certificate:
- Most mortgage lenders will refuse to lend against the property
- The property may have latent defects that were not inspected
- The local authority has the power to require remedial work
- Any subsequent sale will require the buyer to accept the same risk
For properties built by a Competent Person Scheme (e.g. a registered electrician self-certifying their work), individual scheme certificates should be present for relevant works — electrical installation, gas works, FENSA certificates for windows.
Structural warranties — NHBC and alternatives
The NHBC Buildmark warranty is the industry standard 10-year structural warranty for new build properties in the UK. It covers:
- Years 1–2: Full defects warranty covering defects in materials, workmanship, and building standards
- Years 3–10: Structural defects cover only — covering major structural failures
The warranty is transferable to new owners during the 10-year period, so a new build being sold at auction before the warranty expires will carry the remaining NHBC cover to the buyer. Buyers should check the start date of the warranty and how many years remain.
Where the NHBC warranty is not used, alternative warranties from approved providers (LABC Warranty, Premier Guarantee, Checkmate, ICW) are generally acceptable to lenders — but the specific warranty product, provider, and remaining term should be checked against the lending criteria of any mortgage lender being used.
An increasing number of mortgage lenders — including many high-street banks — no longer accept an architect's certificate as a substitute for a structural warranty on new build properties. If the developer legal pack offers only an architect's certificate rather than a recognised structural warranty, verify your lender's acceptance before bidding. Many buyers at auction have found this out too late.
Section 106 obligations and CIL
Section 106 agreements are planning obligations between developers and local authorities, commonly used to secure affordable housing contributions, highway improvements, open space provision, or education contributions. These obligations bind the land — and the buyer inherits them.
The legal pack should include the Section 106 agreement if one exists. Buyers should check:
- Whether any financial obligations (affordable housing commuted sums, education contributions) remain unpaid
- Whether any infrastructure or public space delivery obligations have been fulfilled
- Whether any obligations transfer to the new owner on purchase
Community Infrastructure Levy (CIL) is a separate charge payable to the local authority. If CIL applied to the development, the pack should confirm the developer's compliance. Unpaid CIL can trigger enforcement action against the property.
How conveyancing differs for new builds at auction
Conveyancing for a new build or development property at auction is more complex than a standard resale for several reasons:
Lender requirements are stricter
Most mortgage lenders have specific requirements for new build properties that go beyond what they require for resales. These commonly include: a minimum structural warranty period (typically 10 years from construction); building regulations completion certificate; planning compliance evidence; and for flats — a lease of at least 85 years unexpired at the point of the mortgage application.
The compressed 20–28 day completion window
As with all auction purchases, completion is typically required within 20–28 working days of the hammer falling. For a new build with complex planning compliance questions or a warranty that needs to be located and transferred, this timeline is very tight. A conveyancer specialising in auction new build work needs to be lined up before the auction, not after.
Solicitor review fees — and the case for screening first
A conveyancing solicitor reviewing a new build developer legal pack will typically charge £400–£650+VAT for the pre-bid review — more than a standard resale review because of the additional documents. Full auction conveyancing for a new build runs to £1,000–£2,000+VAT given the complexity.
LegalPack AI reads every document in a developer legal pack in 3–4 minutes and flags critical gaps — missing planning permissions, absent building regulations certificates, warranty issues, unresolved Section 106 obligations — for £9.99. Use LegalPack AI as a first-pass screen before deciding whether the pack warrants a full solicitor instruction. If critical documents are missing, you walk away before spending £400–£650 on a solicitor review of a lot you cannot safely bid on.
What LegalPack AI checks in a developer legal pack
LegalPack AI is trained to identify and flag the key risks in all types of legal packs, including development and new build packs. For developer lots it specifically identifies:
- Presence or absence of planning permission in the pack
- Presence or absence of building regulations completion certificate
- Structural warranty type, provider, and start date
- Section 106 and CIL references in the title or supporting documents
- Leasehold details for new build flats: ground rent, service charge, lease length
- Hidden costs in the Special Conditions — developer's legal fees, estate management charges, service charge structures
- Mortgageability flags based on the documents provided
| Plan | Price | Best for |
|---|---|---|
| Pay As You Go | £9.99 per pack | Buyers screening individual development lots before instructing a solicitor |
| Standard | £69.99/month | Investors reviewing up to 30 packs per month including developer lots |
| Pro | £149.99/month | High-volume investors and sourcing agents reviewing up to 100 packs per month |
Screen the developer pack before you pay solicitor fees
LegalPack AI reads every document in your developer legal pack in minutes — flagging missing planning permissions, warranty gaps, Section 106 obligations, and hidden costs before you commit to solicitor fees or the auction room. From £9.99.
Analyse Your Developer Legal Pack →Frequently asked questions
What is a developer legal pack?
A developer legal pack is the legal documentation bundle for a new build or development property sold at auction. It contains the standard auction legal pack documents — title register, Special Conditions of Sale, searches — plus additional documents specific to development: planning permissions, building regulations completion certificates, structural warranties (NHBC Buildmark or equivalent), architect's certificates, and any Section 106 obligations or CIL obligations.
What extra documents should be in a developer legal pack?
Beyond the standard auction legal pack, a developer legal pack should include: planning permission and discharge of conditions, building regulations completion certificate, structural warranty (NHBC Buildmark or equivalent — typically 10 years), architect's certificate if no structural warranty, any Section 106 agreement or CIL obligations, utility adoption agreements, and — for new build flats — the long lease and service charge structure.
How does conveyancing differ for new build properties at auction?
Conveyancing for a new build at auction is more complex than a standard resale. Solicitors must verify planning compliance, building regulations sign-off, structural warranty validity, and whether the developer has complied with all planning conditions before the property was completed. The compressed 20–28 working day auction completion window makes this particularly challenging. Many lenders have specific requirements for new build properties — including minimum structural warranty periods — that must be satisfied before they will advance funds.